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A-00-CA-154JN, 2000 WL 34239114, at * 2 (W.D. Tex. Mar. 30, 2000). 87. DelBianco, Tr. at 182. 88. Id. 89. Id. 90. Id. at 186. 91. Examples of FSBO websites include: ForSaleByOwner. com, http://www. forsalebyowner.com (last visited April 20, 2007); FSBO.com, http://www. fsbo.com (last visited April 20, 2007); craigslist. org, http://sfbay.

com, http://www. homesbyowner.com (last visited April 20, 2007). See Thorburn, Tr - how much do real estate agents make per sale. how to become a real estate agent in ga. at 97-98 (keeping in mind the variety of tools readily available to FSBOs). See likewise GAO REPORT, supra note 3, at 20. 92. Sambrotto, Tr. at 86. 93. See ForSaleByOwner. com Corp. v. Zinnemann, 347 F. Supp. 2d 868, 870-71 (E.D. Cal.

com company design). 94. Henderson, Tr. at 154. 95. Id. at 155 - how long does it take to get your real estate license. 96. westlake financial numero en español This support can include: locating and scheduling assessment of homes by potential buyers; offering potential buyers with details such as relative home values and newest asking price; helping in the negotiation process; and helping to schedule and prepare for closing of the transaction.

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Henderson, Tr. at 156-57. 98. NAR 2006 STUDY, supra note 4, at 77. 99. Id. at 80, 68. 100. NAR 2005 SURVEY, supra note 38, at 59. 101. See Hahn, Tr. at 29-30; AEI-Brookings Paper, supra note 3, at 13 n. 49; Nadel, supra note 25, at 4-5. 102. See Perriello, Tr.

at 174 (noting that all traditional companies "have a significant online existence"). 103. NAR 2006 STUDY, supra note 4, at 44. 104. See Whatley, Tr. at 160-61. 105. Id. at 210-11. 106. Id. at 161. 107. Id. 108. E.g., ForSaleByOwner. com, http://www. forsalebyowner.com (last checked out April 20, 2007); FSBO.com, http://www.

com, http://www. homesbyowner (how to take real estate photos).com (last visited April 20, 2007). 109. See, e. g., JustRealEstate. org, http://www. justrealestate.org (last visited April 20, 2007). 110. See, e. g., Mortgage101. com, http://www. mortgage101.com (last checked out April 20, 2007). 111. See, e. g., Zillow. com, http://www. zillow.com (last visited April 20, 2007). 112. Shortt, Public Remark 311, at 1.

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Perriello, Tr. at 149. See likewise Whatley, Tr. at 160-61 (keeping in mind that consumers now might investigate online not just houses for sale, however likewise the entire purchasing and selling process). 114. American Bankers Association, Public Remark 10, at 3 (comment). See likewise Perriello, Tr. at 149 (listing numerous functions of genuine estate sites, including home images, virtual trips, abundant text, mapping functionality, and area information); Sambrotto, Tr.

You can post color pictures. You can publish virtual tours. And you can have that details easily browsed and regularly browsed by purchasers from their own houses on the [I] nternet."). 115. DelBianco, Tr. at 185. 116. NAR 2005 STUDY, supra note 38, at 29. 117. NAR 2006 STUDY, supra note 4, at 37. In many states, there exists a single licensing board. Even more, NAR subscription is required for all representatives and brokers that belong to the vast bulk of MLSs in the United States. Such entities are most likely to acquire economically from increased entry into the brokerage industry. 220. See Hsieh & Moretti, supra note 139, at 1089 (" as long as the commission rate is fixed, the amount of time that real estate agents devote to prospecting and farming relative to actually offering a house or finding a suitable house for a buyer increases as the marketplace becomes more and more competitive, that is, as more realtors are chasing the same variety of customers").

Id. at 1089 (" the expense of finding a customer increases with the number of realtors in the market, without necessarily generating fringe benefits to the consumer"). 222. These information originate from the "overall home offering expense" field in the Bureau of Labor Data' yearly Consumer Expense Survey from 1980-1990. This field likewise includes selling expenses aside from commissions, like closing expenses and lawyers charges, so it is most likely to time share exit.com overemphasize the real commission rate.

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Id. at 1082. 223. Id. at 1118. 224. Id. at 1116-17. 225. See Hsieh & Moretti, supra note 139, at 213 and accompanying text. Yun revealed proof of entry as an outcome of the recent real estate market boom, along with evidence that NAR membership has varied directly with real estate rates for at least the previous 20 years.

226. According to REAL Trends data, the number of transaction sides per agent declined from 12. 7 in 2000 to 10. 2 in 2005. See http://www. remax-cahi. com/esource/marketingmaterials/ 2005realtrends500. pdf; and http://www. realtrends.com/past_newsletters. asp?article= newsletters/2005 _ 04_6. htm. 227. NAR, Public Remark 208, at 12. 228. Yun, Tr. at 225. See discussion in Hsieh & Moretti, supra note 139, at 1116 (approximating $1.

2 billion social waste resulting from excess entry in 1990). 229. See https://www.fxstat.com/en/user/profile/thartaqqtb-295728/blog/36695718-How-To-Become-A-Real-Estate-Agent-In-California-Things-To-Know-Before-You-Buy Hsieh, Tr. at 233 (" [T] he real puzzle in the property company is why does there appear to be this relatively repaired commission structure?"); Salinger, Tr. at 248 (" [A] s Dr. Hsieh and I make sure lots of people today have actually explained, the puzzle is why the portion commission has actually been so stubbornly consistent."); Hsieh & Moretti, supra note 139, at 1086 (" The evident uniformity of commission rates provides a huge puzzle, specifically if one thinks that the expense and effort needed to sell a home do not increase one to one with the rate of housing.

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230. ALA. CODE 34-27-36 (1975 ). 231. ALASKA STAT. 08. 88.401 (Michie 2005). 232. KAN. STAT. ANN. 58-3062 (2006 ). 233. LA. REV. STAT. ANN. 37:1455 (West 2006 ). 234. MISS. CODE ANN. 73-35-21 (2006 ). 235. MO. REV. STAT. 339. 150( 2006). 236. N.J. STAT. ANN. 45:15 -3. 1 (West 2006). 237. N.D. CENT. 1( 2006). 238. OKLA. STAT. ANN. tit. 59, 858-312 (West 2006). 239. OR. REV. STAT. 696. 290( 2005). 240. IOWA CODE 543B.60 A( 2005 ). 241. Based upon weighted average list prices of new and existing homes in 2005($ 271,263), the purchaser's broker's share of a $13,834 commission would be $6,917. A purchaser who is rebated half of this would receive $3,459.

242. See, e. g., California Retail Alcohol Dealers Ass 'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (entity declaring state action immunity from federal antitrust laws must show that its actions are (1) pursuant to a plainly articulated state policy purposefully displacing competitors with an alternative regulative scheme and (2) actively monitored by the state or a certified federal government company or official).

2003), readily available at http://www. ftc.gov/ os/2003/09/ stateactionreport. pdf (evaluating state action immunity doctrine). 243. See, e. g., Hoover v. Ronwin, 466 U.S. 558, 568 (1984) (" Closer analysis is needed when the activity at problem is not directly that of the legislature or supreme court, but is performed by others pursuant to state permissions."); Southern Motor Carriers Rate Conference v.